38560 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

1241.60(b)(2) for each violation for each 

day that it continues if you: 

(1) Knowingly or willfully prepare, 

maintain, or submit false, inaccurate, or 

misleading reports, notices, affidavits, 

records, data, or other written 

information. 

(2) [Reserved] 

[FR Doc. 2021–15388 Filed 7–21–21; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2021–OS–0054] 

RIN 0790–AL14 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense, Department of Defense (DoD). 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Department of Defense 

(DoD or Department) is giving 

concurrent notice of a new Departmentwide system of records DoD 0007, 

‘‘Defense Reasonable Accommodation 

and Assistive Technology Records,’’ and 

this rulemaking, which exempts 

portions of this system of records from 

certain provisions of the Privacy Act of 

1974, as amended, because of national 

security requirements. This rule is being 

published as a direct final rule as the 

Department does not expect to receive 

any adverse comments. If such 

comments are received, this direct final 

rule will be withdrawn and a proposed 

rule for comments will be published. 

DATES: The rule is effective on 

September 30, 2021 unless comments 

are received that would result in a 

contrary determination. Comments will 

be accepted on or before September 20, 

2021. If adverse comment is received, 

the Department will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

* Federal eRulemaking Portal: https:// 

www.regulations.gov. 

Follow the instructions for submitting 

comments. 

* Mail: The DoD cannot receive 

written comments at this time due to the 

COVID–19 pandemic. Comments should 

be sent electronically to the docket 

listed above. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the internet at 

https://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lyn Kirby, OSD.DPCLTD@mail.mil, 

(703) 571–0070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, DoD is establishing a new 

Department-wide system of records 

titled DoD 0007, ‘‘Defense Reasonable 

Accommodation and Assistive 

Technology Records.’’ This system of 

records covers both electronic and paper 

records and will be used by DoD 

components and offices to maintain 

records about accommodations based on 

disability requested by or provided to 

employees and applicants for 

employment and participants in DoD 

programs and activities. The 

Rehabilitation Act of 1973, as amended, 

generally requires Federal agencies to 

provide accommodations which enable 

individuals with disabilities to perform 

DoD employment and participate in 

DoD programs and activities, unless 

such accommodation would impose an 

undue burden. In addition, DoD’s 

Computer/Electronic Accommodations 

Program (CAP) provides assistive 

(computer/electronic) technology 

solutions to individuals—including 

injured, wounded, or ill Service 

members—with hearing, vision, 

dexterity, cognitive, and/or 

communications impairments in the 

form of an accessible work environment. 

This also includes the request and 

delivery of personal assistance services 

for covered individuals. Such disability 

accommodations include: (1) Making 

existing facilities readily accessible to 

and usable by individuals with 

disabilities; (2) job restructuring, 

modification of work schedules or place 

of work, extended leave, telecommuting, 

or reassignment to a vacant position; 

and/or (3) acquisition or modification of 

equipment or devices, including 

computer software and hardware, 

appropriate adjustments or 

modifications of examinations, training 

materials or policies, the provision of 

qualified readers and/or interpreters, 

personal assistants, service animals, and 

other similar accommodations. 

II. Privacy Act Exemption 

The Privacy Act permits Federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including the 

provisions providing individuals with a 

right to request access to and 

amendment of their own records and 

accountings of disclosures of such 

records. If an agency intends to exempt 

a particular system of records, it must 

first go through the rulemaking process 

to provide public notice and an 

opportunity to comment on the 

proposed exemption. The Office of the 

Secretary is amending 32 CFR part 310 

to add a new Privacy Act exemption 

rule for this system of records. The DoD 

is adding an exemption for this system 

of records because some of its records 

may contain classified national security 

information and providing notice, 

access, amendment, and disclosure of 

accounting of those records to an 

individual, as well as certain recordkeeping requirements, may cause 

damage to national security. The 

Privacy Act, pursuant to 5 U.S.C. 

552a(k)(1), authorizes agencies to claim 

an exemption for systems of records that 

contain information properly classified 

pursuant to executive order. The DoD is 

claiming an exemption from several 

provisions of the Privacy Act, including 

various access, amendment, disclosure 

of accounting, and certain recordkeeping and notice requirements, to 

prevent disclosure of any information 

properly classified pursuant to 

executive order, as implemented by DoD 

Instruction 5200.01 and DoD Manual 

5200.01, Volumes 1 and 3. 

III. Direct Final Rulemaking 

This rule is being published as a 

direct final rule as the Department does 

not expect to receive any significant 

adverse comments. If such comments 

are received, this direct final rule will 

be withdrawn and a proposed rule for 

comments will be published. If no such 

comments are received, this direct final 

rule will become effective ten days after 

the comment period expires. 

For purposes of this rule, a significant 

adverse comment is one that explains 

(1) why the rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

significant adverse comment 

necessitates withdrawal of this direct 

final rule, the Department will consider 

whether the comment raises an issue 

serious enough to warrant a substantive 

response had it been submitted in a 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38561 

standard notice-and-comment process. 

A comment recommending an addition 

to the rule will not be considered 

significant and adverse unless the 

comment explains how this direct final 

rule would be ineffective without the 

addition. 

An agency typically uses direct final 

rulemaking when it anticipates the rule 

will be non-controversial. The 

Department has determined that this 

rule is suitable for direct final 

rulemaking. The rule exempts this 

Privacy Act system of records on the 

basis that it may contain classified 

information. This exemption relieves 

the Department from the requirements 

of several provisions of the Privacy Act, 

including various access, amendment, 

disclosure of accounting, and certain 

recordkeeping and notice requirements. 

The purpose of the rule is to prevent 

disclosure of any information properly 

classified pursuant to executive order 

and protect against harm to the national 

security. This exemption should not be 

controversial and is consistent with 

federal law and policy regarding the 

appropriate handling and protection of 

national security information. 

Accordingly, pursuant to 5 U.S.C. 

553(b), the Department has for good 

cause determined that the notice and 

comment requirements are unnecessary. 

This direct final rule adds to the 

DoD’s Privacy Act exemptions for 

Department-wide systems of records 

found in 32 CFR 310.13. Records in this 

system of records are only exempt from 

the Privacy Act to the extent the 

purposes underlying the exemption 

pertain to the record. 

A notice of a new system of records 

for DoD 0007 is also published in this 

issue of the Federal Register. 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 also emphasizes 

the importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. It has been determined that 

Privacy Act rules for the DoD are not 

significant rules under these Executive 

orders. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that the 

Privacy Act rules for the DoD does not 

involve Federal mandates that may 

result in the expenditure by State, local 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more and that such rules will not 

significantly or uniquely affect small 

governments. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that Privacy 

Act rules for the DoD impose no 

additional reporting or recordkeeping 

requirements on the public under the 

Paperwork Reduction Act of 1995. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been certified that this Privacy 

Act rule for the DoD does not have 

significant economic impacts on a 

substantial number of small entities 

because they are concerned only with 

the administration of Privacy Act 

systems of records within the DoD. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), it has been 

determined that this direct final rule is 

not a major rule, as defined by 5 U.S.C. 

804(2). 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that the 

Privacy Act rules for the DoD do not 

have federalism implications. The rules 

do not have substantial direct effects on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

amended as follows: 

PART 310—[AMENDED] 

■ 1. The authority citation for part 310 

continues to read as follows: 

Authority: 5 U.S.C. 552a. 

■ 2. Amend § 310.13 by adding reserve 

paragraph (e)(3), (4), and (5) and 

paragraph (e)(6) to read as follows: 

§ 310.13 Exemptions for DoD-wide 

systems. 

* * * * * 

(e) * * * 

(6) System identifier and name. DoD 

0007, ‘‘Defense Reasonable 

Accommodation and Assistive 

Technology Records.’’ 

(i) Exemptions. This system of records 

is exempt from 5 U.S.C. 552a(c)(3) and 

(4); (d)(1), (2), (3), and (4); (e)(4)(G), (H), 

and (I); and (f). 

(ii) Authority. 5 U.S.C. 552a(k)(1). 

(iii) Exemption from the particular 

subsections. Exemption from the 

particular subsections pursuant to 

exemption (k)(1) is justified for the 

following reasons: 

(A) Subsections (c)(3), (c)(4), (d)(1), 

and (d)(2). Records in this system of 

records may contain information 

concerning individuals that is properly 

classified pursuant to executive order. 

Application of exemption (k)(1) for such 

records may be necessary because 

access to and amendment of the records, 

or release of the accounting of 

disclosures for such records, could 

reveal classified information. Disclosure 

of classified records to an individual 

may cause damage to national security. 

Accordingly, application of exemption 

(k)(1) may be necessary. 

(B) Subsections (d)(3) and (4). 

Subsections (d)(3) and (4) are 

inapplicable to the extent an exemption 

is claimed from (d)(2). 

(C) Subsections (e)(4)(G) and (H) and 

Subsection (f). Subsections (e)(4)(G) and 

(H) and subsection (f) are inapplicable 

to the extent exemption is claimed from 

the access and amendment provisions of 

subsection (d). Because portions of this 

system are exempt from the individual 

access and amendment provisions of 

subsection (d) for the reasons noted in 

paragraphs (e)(6)(iii)(A) and (B) of this 

section, DoD is not required to establish 

requirements, rules, or procedures with 

respect to such access or amendment 

provisions. Providing notice to 

individuals with respect to the existence 

of records pertaining to them in the 

system of records or otherwise setting 

up procedures pursuant to which 

individuals may access, view, and seek 

to amend records pertaining to 

themselves in the system would 

potentially undermine national security 

and the confidentiality of classified 

information. Accordingly, application of 

exemption (k)(1) may be necessary. 

(D) Subsection (e)(4)(I). To the extent 

that subsection (e)(4)(I) is construed to 

require more detailed disclosure than 

the broad information currently 

published in the system notice 

concerning categories of sources of 

records in the system, an exemption 

from this provision is necessary to 

protect national security and the 

confidentiality of sources and methods, 

and other classified information. 

(iv) Exempt records from other 

systems. In the course of carrying out 


lotter on DSK11XQN23PROD with RULES1
38562 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

Dated: July 19, 2021. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–15600 Filed 7–21–21; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0674; FRL–8713–02– 

R9] 

Air Plan Approval; California; YoloSolano Air Quality Management 

District; Graphic Arts and Printing 

Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Yolo-Solano 

Air Quality Management District 

(YSAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from 

graphic arts printing operations. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule will be effective on 

August 23, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0674. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law or La Kenya Evans, EPA 

Region IX, 75 Hawthorne St., San 

Francisco, CA 94105. By phone at: (415) 

947–4126 or (415) 947–3245 or by email 

at Law.Nicole@epa.gov or 

Evans.LaKenya@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 26, 2021 (86 FR 11686), 

the EPA proposed to approve the 

following rule into the California SIP. 

Local agency Rule # Rule title Revised Submitted 

YSAQMD ................................ 2.29 Graphic Arts Printing Operations ............................................ 07/11/2018 08/20/2018 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. The July 11, 2018, version of Rule 

2.29 will replace the previously 

approved version of this rule in the SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

YSAQMD rule described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 


lotter on DSK11XQN23PROD with RULES1